Parents to sue over abuse of disabled children

Parents are set to take legal action over a paedophile teaching assistant who potentially abused dozens children with disabilities and special educational needs.

Daniel Clarke is in prison after pleading guilty to offences against six boys, but detectives suspect he may have targeted more than 81 young people.

Four parents have instructed lawyers to look into civil claims for damages against Solihull Council and the charity Social Life Opportunities (Solo), which provides organised activities for children.

The council and charity said they had received legal letters, but were unable to comment further due to a live police investigation.

In May, Clarke was jailed for seven years and six months for offences including making indecent photographs of a child, assaulting children by touching, and inciting children to engage in sexual activity with no penetration.

The 29-year-old, from Walsall, is believed to have met his victims through Solo and Forest Oak school, which is run by the local authority.

The BBC has spoken to two mothers who believe the former teaching assistant used his position of trust to groom and exploit vulnerable children.

One parent said Clarke had not yet been charged with abusing her son, but police had found indecent images of him on searches of the offender's devices.

The former teaching assistant had met the child at Forest Oak School, and been present at after school clubs run by Solo.

It is not known where the abuse took place, but the mother said she felt "sickened" after "fighting for years" to get her child into the special school.

"It's awful," she said. "I feel like I pushed him there."

Clarke held key safeguarding responsibilities at Forest Oak and Merstone schools, and is thought to have begun working with them as a teaching assistant in 2016.

Both of them are rated outstanding by Ofsted and are separate but share facilities and an executive head teacher.

The BBC has spoken to multiple people who claimed concerns were raised by staff and parents at Forest Oak about Clarke at least three months before he was arrested in October 2024.

The school strenuously denies this.

In a letter to parents in June, it said the BBC's reporting was "factually inaccurate" and the school "did not receive any concerns about him".

An urgent Ofsted visit carried out in March found effective systems for identifying, managing and acting on concerns raised about pupil safety.

The mother of one of Clarke's alleged victims, who cannot be named for legal reasons, said she "wasn't happy" with the way the school handled the situation.

Bosses have repeatedly declined to release information about Clarke due to the live police investigation, but she thought more should be shared about additional safeguarding measures put in place.

"I don't need to know details," she said. "I need to know my son is safe. I need to know I'm bringing my son to school and he's in safe hands.

"I believe they had many people approach them regarding Daniel Clarke."

As well as his roles with the schools and Solo, Clarke worked as a personal assistant to some young people, orchestrating off-site outings, overnight stays, and after-school activities.

Wolverhampton Crown Court heard he covertly filmed children using hidden cameras on some of these trips.

In a victim impact statement, the mother of one of his victims said she paid Clarke £3,500 for work as a personal assistant for her child, but had been left feeling like she had been "paying him to abuse her son".

Tom Fletcher, from law firm Irwin Mitchell, is representing the families.

He said he specialised in serious abuse cases but was still shocked at the scale of Clarke's offending.

"[Parents] have placed their trust in an individual, a school and a charity where they thought their children would be safe," he said.

Mr Fletcher believes the organisations could be considered "vicariously liable" for his crimes.

It means they can be held responsible for the actions of Clarke even if they did not know about them, because they were linked to his employment.

The firm is also looking into claims made by families that some of the abuse could have been preventable, but that currently remains unproven.

"I think parents quite rightly have concerns that things could have been done differently," Mr Fletcher continued.

"They want to know whether concerns were raised earlier so some abuse could have been avoided."

The lawyer added that any successful claims would compensate victims for the cost of accessing specialist support, as well as earnings they might lose because of mental health issues caused by the abuse.

"No amount of money is ever going to change what's happened here," Mr Fletcher added.

"It's not going to be reflective of the experience these children have had."

During his trial, the court heard Clarke was almost certain to face further charges, possibly against more than 81 victims, something that would rank him among the country's most prolific offenders.

After his arrest, police were said to have moved with "almost unprecedented speed" to put him behind bars.

But the BBC understands a "complex and sensitive investigation" has months left to run, with detectives in the process of contacting parents of young people Clarke might have had contact with.

A spokesperson for Solihull Council called the actions of Clarke "despicable" and said a range of support measures had been put in place for parents and their children.

It said it was being advised by West Midlands Police on what information could be shared due to the investigation, and had passed comments from Irwin Mitchell onto its legal advisors.

Solo said it was unable comment due to the police investigation, but it was co-operating with police.

It added it would work with its own lawyers and Irwin Mitchell to respond to civil claims.

"Our unwavering priority remains maintaining the highest standards of safety [and] safeguarding," a statement read.

"Out of respect for the legal process and the privacy of all parties involved, we will not be making further statements at this time, except in co-operation with the relevant authorities."

If you have been affected by any of the issues raised in this story, information and support can be found at the BBC's Action Line.

Follow BBC Birmingham on BBC Sounds, Facebook, X and Instagram.